Thursday, March 29, 2012

NLFCS loses breach of contract suit

Gopala Krishnan who is the actual owner of Westingmont wins battle with NLFCS after nearly two years. A leading law lecturer, Gopal took a hiatus from his rewarding career to become a contractor when he was offered by NLFCS boss Tan Sri Somasundram to put a mixed housing scheme on a 5.2 ha NLFCS land occupied by squatters
However, in 2009 NLFCS took away the land and sold it to KEDA Regional Authority on the instruction of then MIC boss Samy Vellu. He begged for compensation but when NLFCS refused to entertain him he filed a breach of contract suit against the cooperative. Read the rest here'']

 High Court says NLFCS must pay project consultant for loses of profit and cost 

THE Kuala Lumpur High Court today March 28) decided in favour of a relatively unknown project consultant against the National Land Finance Cooperative Society in a landmark breach of contract suit.

Judge Datuk Abdul Aziz Abdul Rahim awarded RM315, 000 in special damages and RM70, 000 in cost to Westingmont Holdings Sdn Bhd.

He also awarded an interest of 8 percent on all the claims from the date the plaintiff went into a housing project agreement with NLFCS in 1999.

 On the plaintiff’s RM5.7million general damages claim, the judge though agreeing in principle left the quantum to be decided by the deputy registrar in the face of inconclusive documentary evidence.

The claims were not corroborated by an independent body and I want the plaintiff’s council to furnish the documents to the deputy registrar to decide on the actual quantum,” he told K. Ranjit Singh, the counsel for the plaintiff.
AN overjoyed Gopal (l) congratulates his counsel Ranjit Singh

 The judge fixed April 2 for the plaintiff’s counsel to furnish documentary proof on their general damages claim. NLFCS terminated the agreement with Westingmont after it sold its 5.2 ha of land in the former Sungai Tukang Estate in Sungai Petani, Kedah which Westingmont was entrusted with developing to KEDA Regional Development Authority for a mere RM2 million

In making the ruling, the judge agreed with the plaintiff’s submission that the actual development could only commence after all the proper approvals by the authorities were in place.

The defendant’s contention that Westingmont failed to carryout its end of the bargain by not developing the plot of land and thus was not entitled to any compensation was dismissed by the judge.

He agreed with the plaintiff’s submission that development could only begin after the initial approvals and a separate title was secured. In this case the failure to secure the preliminaries was not the responsibility of the plaintiff as per the agreement.

After failing to get adequate compensation for his loss of income and time from NLFCS, Westingmount, sued NLFCS for a total RM8 million.

 The case went to court in August 2010 but was interrupted by the defendant taking the matter to the court of appeal in vain to dismiss the plaintiff’s claim as frivolous among others. NLFCS was represented by S Surandren of Palani, Aishah & Co.

Outside the court, on hearing the decision the legal consultant who owns Westingmont by way of proxy was speechless. “I have given up a successful law career and went into this mess and I am happy that justice prevailed today,” he told reporters.

4 comments:

Nesh said...

NLFCS wins in the breach of contract suit against Westingmont Holdings Sdn Bhd.
The Kuala Lumpur High Court's decision to pay compensation to WHSB by NLFCS on 28.3.2012 for a housing project in Sungei Petani, Kedah for breach of contract has been dismissed by the Court of Appeal on 8.11.2012. The Court of Appeal has also ordered Westingmont Sdn Bhd to pay damages of Rm154,500 and cost of Rm50,000 to NLFCS.
Justice has prevailed finally.

Excited NLFCS member.

Hari Daas said...

Thanks Nesh for the info. Justice has finally prevailed in the suit brought by Westingmont Holdings' Gopalakrishnan against NLFCS. It is also heartening to note that the Court of Appeal has ordered damages and cost to be paid to NLFCS by Westingmont Holdings.Gopalakrishnan and his hatchet men should realise that good deeds will triumph over evil.
It is wonderful news to me as a concerned NLFCS member and I believe to the other 50,000 odd members too, during this celebrations of the FESTIVAL OF LIGHTS!!!

Ardent supporter of NLFCS,SP KEDAH

Havinan nicholas said...

Hari and Nesh.. you jokers must be real uneducated share holders who do not know what the hell is happening in your society...Wait for the day when NLFCS closes shop and you will be at Bank Negara malaysia crying and weeping. its gonna happen soon... Kudus to Mr. Gopal for fighting this corrupted officials of NLFCS. Wait till PKR take over the Government.. that will be the day for Soma and Saha!!! kakakakakakakak

Havinan nicholas said...

I have been following the case closely and I was shocked by the verdict of the High Court. The material witness Soma never showed up in Court to refute whatever Mr. Gopal had alleged and how the hell did the judgement favour NLCS. We all know what kinf of Directors we have in NLFCS. Appolo. the Steel Mill, Mumtaj Travel. Now this joker claims that NLFCS has 15 odd estates to ther credit. Dato Samnbanthan with his noble vision made the purchases with the help of poor estate workers. Now these jokers who call themselves Director cant even manage a single investment properly. Nesh and Hari Dass your joy is going to be short lived. Wait till PKR take over the government and I will be sure both of you will be waiting in the queue at Bank Negara Malayia wailing n weeping when NLFCS goes into liquidation... Nesh and Hari your festival of lights will be a night of darkness...As told.. u can take an a guy from the estate to the town but you can never take the estate from the guy!! kakakakakakaka. Mr Gopal kudu to you for taking on thee goon all alone and i pray that you will find an avenue to bring up your case again. Hope fellow concerned Indian would support you in whatever ways to bring the crooks to book. Walk tall!! We are proud of you!Poor estate contributor! what going to happen to all their investments. Cant imagine.

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